HomeMy WebLinkAbout01-09-07
ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2005-00916
MOTION FOR CONTEMPT OF COURT ORDER
OF DECEMBER 1.2006
AND NOW comes Petitioner, Adam Gordon, Executor of the Estate of Florence J.
Gordon, (hereinafter "Executor"), by and through his attorney, Mark A. Mateya, Esquire, and
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That Florence J. Gordon, died testate on July 23, 2005.~.~~ ~
The Last Will and Testament of Florence J. Gordon was probated oti~~ber~,
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respectfully represents:
1.
2.
2005, and Letters Testamentary were issued to Adam Gordon.
3. A Petition to Issue Citation Pursuant to Orphans' Court Rule 3 was filed by
Executor, requesting that Fred R. Lerman and Robert R. Lerman, comply with the language of
the Mandon Partnership Agreement and to follow through with the purchase of the decedent's
share of the Partnership, according to the Partnership Agreement.
4. On Order of Court dated October 6, 2006, was issued upon Fred R. Lerman and
Robert R. Lerman to show cause why the relief requested in the Petition should not be granted
with a Rule Returnable within 20 days of said date.
5. On October 30, 2006, Executor filed a Motion to Make Rule Absolute, having
served a copy of said Petition and Rule to Show Cause on Richard Engel, Esquire, who had
previously corresponded with Executor's counsel.
6. On November 3,2006, a telephone conference was held between this Honorable
Court and Executor's counsel and Attorney Richard Engle. At the conclusion of said telephone
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conference the Court denied the Motion to Make Rule Absolute it appearing that the original
Rule to Show Cause issued by this Court was not served directly on Fred R. Lerman and Robert
R. Lerman and that Attorney Richard Engel had not accepted service of the Rille on their behalf.
Further, this Honorable Court re-issued the Rule to Show Cause on Fred R. Lerman and Robert
R. Lerman with a Rule Returnable for 20 days from November 3, 2006.
7. On or about November 28, 2006, Executor filed a Motion to Make Rule Absolute
as Fred R. Lerman and Robert R. Lerman did not file any objections or responsive pleadings
stemming from the November 3,2006 Order.
8. On December 1, 2006, this Honorable Court issued an Order directing that Fred
R. Lerman and Robert R. Lerman to comply with the terms of the Mandon Partnership
Agreement and to have a MAl approved appraisal and thereafter to follow through with the
purchase of decedent's share of the Partnership according to the Mandon Partnership Agreement.
A copy of the December I, 2006, Order is attached hereto as Exhibit "A" and is incorporated
herein by reference.
9. The December 1,2006, Order was served on Fred R. Lerman and Robert R.
Lerman by way of certified mail, return receipt requested on December 7,2006. A copy of the
signed certified mail receipt cards which were received on December 9, 2006, are attached hereto
as Exhibit "B" and incorporated herein by reference.
10. On December 7, 2006, Executor's counsel contacted Fred Lerman and Robert
Lerman and copied Attorney Engel concerning the carrying out of the Honorable Court's Order
of December 1, 2006.
11. More than 20 days has elapsed from the service of the Order of December 1,
2006.
12. Executor's counsel has received communication dated December 28,2006, from
attorney Engel, a New York attorney representing Fred R. Lerman and Robert R. Lerman
regarding the hiring ofthe MAl approved appraiser, John Macco, to conduct an appraisal of the
Mandon Partnership. A copy of Attorney Engel's correspondence is attached hereto as Exhibit
"C" and is incorporated herein by reference.
13. Executor's counsel contacted John Macco who reported that Mssrs. Lerman had
not provided information to him necessary for the appraisal.
14. Attorney Engel has provided a letter purporting to be the certification of the
financial statements of the Mandon Partnership. See Exhibit C referenced above.
15. Mssrs. Lerman have not provided certified financial records.
WHEREFORE, Executor respectfully requests that this Honorable Court find Fred R.
Lerman and Robert R. Lerman in contemp of this Court's Order of December 1,2006, and
further order the following remedy:
1. Permit Executor, Adam Gordon to have an MAl approved appraiser conduct an
appraisal of the Mandon Partnership;
2. Fred R. Lerman and Robert R. Lerman are directed to cooperate fully with the
MAl approved appraiser hired by Executor Adam Gordon;
3. Fred R. Lerman and Robert R. Lerman are directed to disclose any and all
financial and/or corporate records of Mandon Partnership to Executor's counsel
within 10 business days from the date of this Order;
4. Fred R. Lerman and Robert R. Lerman are ordered to pay any and all reasonable
legal fees incurred by Executor in pursuing the enforcement of the December 1,
2006, Order.
Date:
5. Such other relief this Honorable Court deems appropriate.
Respectfully submitted,
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Attorney ID No. 78931
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500
(717) 241-3099 Fax
MOV 'e'6~j('
ESTATE OF FLORENCE J.
GORDON, (Deceased),
: IN THE ORPHANS COURT OF
: CUMBERLAND COUNTY, PENNSYL~A ::0
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: NO. 2005-00916
ORDER
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-',"'" .....- AND-NOW;this'-=-day of..JY-r;/X Nf ,2006, pursuant to Petitioner's Motion to
Make Rule Absolute,
IT IS HEREBY ORDERED AND DECREED that Fred R. Lerman and Robert R. Lerman
shall hire a MAl approved appraiser to conduct an appraisal of the Mandon Partnership and shall
thereafter follow through with the purchase of the decedent's share of the Partnership in accordance
with the Mandon Partnership Agreement.
BY THE COURT:
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A TRUE COpy FROM RECORD
In Testimony whero', I hereunto
set my hand and the seal
of said Court at Carlisle, PA
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December 28, 2006
Mateya Law Firm
P. O. Box 127
Boiling Springs, PA 11007
Attn: Mark A. Mateya, Esq.
Re: Estate of Florence Gordon
Dear Mr. Mateya:
When I talked with your associate following receipt of your recent letter, she was
informed thl;lt the Lerman's have know hired John Macko, an MIA appraiser, to submit
an appraisal of the property owned by Mandon Company,
I understand from Robert Lerman that he will address this matter as soon as
possible and Mr. Lerman has requested that he advise you of his retainer which I
understand he is in the process of accomplishing.
I further understand that it is not critical that the accountant perform an audit in
the strict sense but that he advised you that he is satisfied that the accounts maintained
by Robert Lerman have been duly kept. By a copy of this letter I am passing on that
statement to the accountant.
May I wish you and you'rs a Happy and Healthy New Y r.
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Marl< Mataya appraisal of Mandon '..
cc: Robert Lerman
Fred Lerman
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Motion for Contempt of Court
Order of December 1, 2006 on the following person( s) by facsimile and by depositing a true and
correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling
Springs, Cumberland County, Pennsylvania addressed to:
Robert R. Lerman
135 Potter Hill Road
Port Crain NY 13833
Fred R Lerman
7820 Spectrum Way
Fayetteville NY 13066
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Dated:
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Mark A. Mateya,
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500